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a. Object on the Spot to Unfair Proceedings and Suggest Fairer Ways to Handle the Identification

For example, a lawyer may request that police bring witnesses into the viewing room one at a time rather than in a group. Or, a lawyer may urge police to dress all the participants in jail uniforms rather than street clothes, possibly making it more difficult for a witness to recognize the suspect. Unrepresented suspects can't easily accomplish these results, since they will be on the other side of the barrier. Even if they could, they shouldn't—at least not within the hearing of any witnesses who may think them guilty for just speaking up. Even lawyers must be tactful in the way they object to police procedures, both because of possibly prejudicing witnesses and because many courts view the role of lawyers at lineups as mere observers.

b. Note Improper Police Procedures for Later Use in Challenging the Identification

The police may ignore a defense lawyer's objection to an unfair procedure, or a lawyer may make a tactical decision to remain silent and challenge the procedure later. Either way, the defense may later file a pretrial motion (request) for a court to exclude the identification. (See Section V, below.)

c. Observe the Witness's Demeanor and Credibility

Lawyers may use details about police procedure, witness comments and behavior later on in plea bargaining or court. For example, a lawyer might overhear a witness tell a police officer, "I think it's Number Four, but I'm not really sure. It was pretty dark and the guy was wearing a hat." If the witness identifies No. 4 at trial, the defense can bring out the witness's lineup statement to undermine the witness's credibility. Even before trial, the defense may argue to the prosecutor that the witness's uncertainty greatly weakens the witness's credibility and in turn the prosecutor's case. This may persuade the prosecutor to allow the defendant to plead guilty to a less serious charge. (See Chapter 20 for more on the plea bargaining process.)

Because suspects are typically separated from witnesses, they tend not to be able to effectively make these types of observations. Even if they can see witnesses, suspects are often too nervous during lineups to pay this kind of close attention to details.

d. Interview Witnesses Before or After the Lineup

Victims and witnesses often refuse to talk to defense attorneys. However, the presence of police officers in the jail or police station facility where a lineup takes place induces some prosecution witnesses to grant interview requests. Defendants must avoid direct contact with victims and witnesses, but a lawyer may talk to witnesses and sometimes gather useful information. Lawyers might ask witnesses:

· To describe the person who allegedly committed the crime. If, before the lineup, a witness gives a description that differs significantly from the ID'd suspect's appearance, the lawyer may use the discrepancy to later discredit the witness.

· To describe how they originally observed the perpetrator, that is, how far they were from the perpetrator at the time of the alleged crime, what the lighting was like and how certain they are that they would again recognize the perpetrator (again for ammunition to eventually discredit the witness).

· To mention any previous descriptions they've given in connection with this crime—of the defendant or of other possible suspects. If a witness first identified another suspect, the present lineup ID may not be as credible. And, if the police conducted multiple showups or lineups, the police may not have a very strong case against the suspect, but may simply be on a "fishing expedition."

Case Example 1: In a dark alley behind his store, Drake Onian noticed one man wearing a baseball cap speed away in a green car, and saw another guy carrying a bag jump into a minivan and drive off. On the ground near where the men had been standing Drake saw white powder. Drake notified police, who picked up Sam Enella in a green sedan a few blocks away. They found a wad of cash in the car and arrested Sam. The next morning police asked Drake to come down to the station to identify Sam. Drake told the police he would be happy to help, but that he had not gotten a good look at the suspect's face.

Question: How might Sam's lawyer, Ann Ethema, gather helpful information at the lineup?

Answer: Ann might: 1) overhear Drake reminding police officers that he hadn't really gotten a good look at the suspect's face (Ann would use this fact, which makes Drake far less credible, in plea bargaining and urge the D.A. to drop or reduce the charges against Sam); 2) talk to Drake, if he consents (Drake might tell her himself that he didn't get a good look at the perpetrator's face—or at least that it was dark in the alley); 3) sit in on a post-lineup discussion between Drake and the police. (In some places, police routinely discuss lineup IDs with witnesses following the lineup and, if requested, may allow defense counsel to be present. During the conference, Drake might say something that reveals a lack of certainty in his ID, for example, "At first I thought it was Number One, but then when I looked closer, I knew it was Number Four.")

Case Example 2: Jim Nast was arrested for burglary. Before the lineup, Jess Stir, Jim's lawyer, talked with police about how they planned to conduct the lineup. They said that four participants, including Jim, would file on stage one at a time. Three witnesses would observe and note on a police questionnaire which, if any, of the participants they identified as the perpetrator.

Question: What can Stir do to make these procedures more fair?

Answer: Politely urge police to make some changes. For instance, Stir may ask that they add two police officers so there are six participants in the lineup. She might get them to display the participants together rather than bringing them out one at a time. And Stir can try to convince the police to separate the witnesses. Even if the police ask the witnesses to write their conclusions on paper without stating them out loud, they may still talk, whisper or react in a way that influences each other. The police may be

agreeable to make the changes just because Stir bothered to ask, especially if they are at all uncertain about whether a judge would later approve their procedures.

Case Example 3: Coop Loren is arrested for drug dealing and is put in a lineup of five similar-looking men. Coop, however, is the only one asked to utter the words "Here's the stuff you wanted, man."

Question: What can Coop's lawyer do?

Answer: Coop's lawyer can first ask the police to make every lineup participant repeat the same words. If that request fails, Coop's lawyer can later prepare a pretrial motion (a "suppression motion") asking the judge to exclude the resulting identification on the grounds that asking only Coop to speak made the lineup unfairly suggestive. (More on suppression motions below, in Section V.)

回答1或者翻译2－3，均给分，答案回复可见。

1、根据本文，fishing expedition什么意思？
2、For example, a lawyer might overhear a witness tell a police officer, "I think it's Number Four, but I'm not really sure. It was pretty dark and the guy was wearing a hat." If the witness identifies No. 4 at trial, the defense can bring out the witness's lineup statement to undermine the witness's credibility.
3、To describe how they originally observed the perpetrator, that is, how far they were from the perpetrator at the time of the alleged crime, what the lighting was like and how certain they are that they would again recognize the perpetrator

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以下为回复可见内容

1、非法调查。
2、例如，律师无意中听到证人告诉警官，“我认为是4号，不过我不是很确定。那天天很黑，那个家伙还戴个帽子。”如果证人在庭审时认出4号，辩护律师可以提出证人在列队指认时说的话以诋毁证人的信誉。
3、描述他们初次看到罪犯的情形，即作案时罪犯和他们的距离多远，周围照明如何，他们是否确信自己能够再次认出罪犯。

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24. What Does it Mean for My Case If a Lineup or Other Identification Was Unfair?




Where an identification procedure is unfair, the defense may request that the judge exclude the ID. This means the prosecution may not rely on it as evidence in court. (How such requests are made and the standards for when judges grant them are discussed in Section V, below.)




25. Do I Have the Right to Be Represented by a Lawyer During a Lineup?




Yes, if the lineup takes place after the suspect has been formally indicted or charged with a crime. (Kirby v. Illinois, U.S. Sup. Ct. 1972.) To get around this requirement, the police typically make an effort to conduct the lineup before formal charges are filed.





No Harm in the Asking




Constitutional requirements aside, police officers may grant a suspect's request to delay a lineup long enough for the suspect to call family or friends and ask them to hire a lawyer to attend the lineup. Most private criminal defense lawyers have pagers or answering services so that they or their representatives can be reached and get ready to attend a lineup on a few hours' notice. Public defender offices in large urban areas may even have a lawyer on "lineup duty" 24 hours a day.

Defense attorneys (whether privately retained or court-appointed) are quite familiar with lineups, and often keep ready-to-go "lineup kits" keyed to lineup procedures. In these, they may keep a camera and film, blank "seating chart" forms to keep track of multiple witnesses and suspects and carbon paper or other tools for making written objections—one copy for the police and one to keep.
26. How Can a Lawyer Help Me at a Lineup?




A defense lawyer's mere presence is perhaps the most effective tool for assuring fairness at a lineup. Even if the lawyer stands passively in the back of the viewing room, police may not risk unfair behavior, like coaching a witness to identify a particular person in the lineup as the perpetrator. In addition, a lawyer can do one of the following:

回答1或者翻译2－3，均给分，答案回复可见。

1、根据本文，为什么最好在列队指认前聘请律师？
2、To get around this requirement, the police typically make an effort to conduct the lineup before formal charges are filed.
3、Defense attorneys (whether privately retained or court-appointed) are quite familiar with lineups, and often keep ready-to-go "lineup kits" keyed to lineup procedures

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以下为回复可见内容

1、无标准答案。
2、为了绕过这个要求，警察通常在正式提起指控前进行列队指认程序。
3、辩护律师（无论是私人聘请还是法庭指派）都很熟悉列队指认程序，经常带有现成的专门为列队指认程序准备的“列队指认装备”。

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21. If I'm in a Lineup, can the Police Require Me to Wear Particular Clothes or Say Certain Words?

Yes. To give witnesses the best opportunity to make a reliable identification, police officers often dress lineup participants according to how witnesses say a perpetrator was dressed at the time of the crime. Sometimes they make participants wear items of clothing found at the crime scene.

The police may also require lineup participants to repeat words uttered by the perpetrator, and even to use similar gestures. Again, the Supreme Court regards these as "nontestimonial" acts allowed despite the Fifth Amendment.

Case Example 1: Ann Ekdote is arrested for burglarizing a home. Wilma, who lives next door to the burgled residence, tells police that she saw a woman carrying a big shopping bag and wearing sunglasses peering through the windows of the house before it was broken into.

Question: If the police put Ann in a lineup, can they ask her to carry a big shopping bag and wear sunglasses?

Answer: Yes, but the police should also require others in the lineup to wear sunglasses and carry a large shopping bag.

Case Example 2: Bob Tooket, arrested for armed robbery, is about to be part of a lineup. The police will ask all the lineup participants, including Bob, to read a statement consisting of the words uttered by the robber. Bob knows that the police have the right to ask him to read the statement. However, Bob is thinking about refusing to do it anyway.

Question: Is this a wise tactic on Bob's part?

Answer: No. Bob is probably hoping that witnesses are less likely to identify him if they can't hear his voice. However, since the other lineup participants will read the statement, Bob's ploy may lead the witnesses to focus on him and figure that he's the robber. Also, even if the witness doesn't identify Bob, his noncooperation can be used as evidence of his guilt if the case gets to trial.

22. What are Some of the Ways a Lineup Might Be Conducted Unfairly?

Courts have found some lineups to be unfair or "impermissibly suggestive" where:

· The defendant is the only person in a lineup who resembles the witness' description of the perpetrator. For example, the witness described the perpetrator as African-American and the defendant is the only African-American in the lineup.

· The police plant clues pointing to the person they want witnesses to identify—for instance, the defendant is the only person in handcuffs.

· The police allow witnesses to talk to each other—either before entering the lineup viewing room or in the viewing room itself if police practice is to conduct group IDs.

· The police or prosecutor help the witnesses to identify a particular suspect as the perpetrator.

23. Can Police Behavior Before a Lineup Make the Lineup Unfair?

Yes. Police should make sure that witnesses do not talk to each other before a lineup, and should resist speaking to witnesses in a way that influences an identification. For example, it's improper for a police officer to say something like, "I want you to pay particular attention to Number Three." Furthermore, police should be careful that witnesses don't see one lineup participant in shackles and another roaming free. The witness might naturally conclude the former is the perpetrator and the latter a police officer.

Case Example: Detective Joyce is bringing the defendant, Ali Bhye, from the jailhouse lockup to participate in a lineup. Bhye is still handcuffed. The detective purposely walks Bhye through a waiting room (on the way to the lineup), knowing that the victim is in the waiting room. None of the other participants in the lineup have been walked past the victim in handcuffs.

Question: Do Officer Joyce's actions make the lineup unfair?

Answer: Yes. Seeing Bhye in handcuffs is likely to suggest to the victim that Bhye is guilty. The danger is that the victim will identify whomever the police have "selected" as the guilty party, rather than comparing all the people in a lineup to the victim's memory of the crime.

Photographing Lineups

Many police departments routinely photograph or videotape lineups to head off unjustified defense claims that they were unfairly conducted. However, since noticeable differences between a suspect and other lineup participants often exist, many defense attorneys photograph lineups themselves—when the police don't—so they can use the discrepancies to attack the identification at trial.

回答1或者翻译2－3，均给分，答案回复可见。

1、根据本文，那些列队指认做法不公平？
2、 To give witnesses the best opportunity to make a reliable identification, police officers often dress lineup participants according to how witnesses say a perpetrator was dressed at the time of the crime.
3、Police should make sure that witnesses do not talk to each other before a lineup, and should resist speaking to witnesses in a way that influences an identification.

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以下为回复可见内容

1、无标准答案。
2、为了让证人有更大的机会指认出嫌疑犯，指认结果更可靠，警察常常根据证人所说罪犯作案时的穿着，让参加队列指认的人照此穿着。
3、警察应该确保在队列指认前，证人之间没有交流，还应该避免自己与证人的谈话影响指认结果。

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15. As a Lineup Participant, Can I Talk to the Victim or Other Witnesses During the Procedure?

Interaction by those participating in the lineup with those viewing the lineup usually is not permitted or possible. But if it is, a suspect should resist any temptation to talk directly to the victim or other witnesses. Suspects who try to talk to victims and witnesses may call attention to themselves and make it more likely that they are identified as the culprits.

If a suspect notices something unfair, such as a witness being ''coached" by police, the suspect should let the defense lawyer do the talking. Question 30 discusses steps suspects can take to protect themselves if they don't have counsel.

Case Example: Star Ling identifies Jerry Mander in a lineup. Jerry sees Star come into the viewing room, and hears her identify him. Jerry is certain that Star recognized him only because he is a regular customer in the store she manages.

Question: Assuming Jerry could talk to Star, should he try to get her to take back her ID, telling her he's innocent and that she recognizes him because he always shops in her store?

Answer: No. Jerry should not try to speak directly with Star. As stated above, it probably will call unnecessary attention to him. And the police might even construe such contact as intimidation and file separate criminal charges against him.


16. What Happens if a Victim or Witness Picks Me Out of a Lineup as the Perpetrator of a Crime?

The prosecution will use a positive identification of a lineup participant as a perpetrator to support its decision to file criminal charges, and to bolster its case during a preliminary hearing (see Chapter 16), plea negotiations (see Chapter 20) or a trial (see Chapter 21).

17. If I Participate in a Lineup But the Victims or Witnesses Fail to Identify Me as a Perpetrator, am I Automatically Cleared?

In many cases, the prosecutor has no case unless an eyewitness can identify the suspect as the person who committed the crime. In such a situation, the prosecutor will usually not bring charges absent a positive ID at the lineup. However, an eyewitness identification is not always necessary to establish a suspect's probable guilt. The police may have other ways of tying a suspect defendant to the crime, such as fingerprints or blood analysis. In addition, the police may conduct additional lineups with other witnesses, which may produce the positive ID the prosecutor needs to file charges.

18. Are the Police Legally Required to Conduct Lineups?

In the absence of a demand by the defendant (see Question 19), police are not required to conduct lineups. Lineups are one police investigation tool among many. A witness can identify a suspect in a showup or photo ID (see Sections III and IV, below), and can also ID a defendant in court—before or during trial. Indeed, a witness can make an in-court identification even if that witness previously viewed and failed to identify the defendant in a lineup. Of course, if that happens, the defense can bring out that earlier failure at trial to attack the believability of the witness's in-court identification.

19. Can Defendants Demand That the Police Conduct a Lineup?

Yes. Many states give the defendant the right to demand that police conduct a lineup. Defense attorneys often make such a demand when they think that eyewitnesses will be unable to make an identification. When the police can't secure the identification they are seeking, they will often drop the charges.

20. How Reliable Are Lineup Identifications?

For two reasons, lineup identifications that are fairly conducted usually are considered more reliable indicators of probable guilt than other types of identification. First, in a fair lineup, witnesses have to pick a suspect out of a group of somewhat similar people.

Second, lineups often take place within days of the commission of the crime. Compare this to an in-court identification at trial. Trials often take place months later, and the witness can easily spot the suspect in the courtroom, sitting next to the defense attorney.

Even if the lineup appears on the surface to be conducted fairly, however, it may still produce a misleading result. For instance, a witness may believe that one of the participants in a lineup must be the culprit and thus may pick "the closest fit," rather than admit to the police that they recognize no one. Moreover, inadvertent actions by police officers may suggest to the witness which participant to select.

回答1或者翻译2－3，均给分，答案回复可见。

1、为什么列队指认结果更可靠？
2、 The prosecution will use a positive identification of a lineup participant as a perpetrator to support its decision to file criminal charges, and to bolster its case during a preliminary hearing.
3、For instance, a witness may believe that one of the participants in a lineup must be the culprit and thus may pick "the closest fit," rather than admit to the police that they recognize no one.

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以下为回复可见内容

1、无标准答案。
2、检方会用队列指认的肯定结论作为支持对嫌疑犯提起刑事诉讼和预审过程中的依据。
3、例如，证人可能会相信，队列中必定有一个是罪犯，所以选择最接近的，而不是对警方承认自己认不出来。

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12. Should I Participate in a Lineup if Asked to Do So by the Police?

As a general rule, potential suspects (those who have not yet been arrested) should refuse to take part in a lineup, even if they are completely innocent.

It is true that if an eyewitness positively excludes a suspect, the police may be more inclined to think of the suspect as innocent and direct their investigation elsewhere. Even if the suspect has already been charged with the offense, the charges may be dropped, assuming that there isn't other strong evidence that implicates the suspect as the offender (for instance, fingerprints or DNA evidence). But witnesses make mistakes. And a suspect may be wrongfully arrested as the result of a misidentification just because he or she agreed to cooperate. By declining to participate, suspects can be sure that they won't be identified. And without an identification, the police may lack sufficient evidence to make an arrest.

Other Types of Nontestimonial Evidence

Lineups are not the only "nontestimonial" activities in which arrestees must participate. The police can also compel arrestees to be photographed and to provide fingerprints, blood, hair, skin, voice, handwriting or other physical samples. (Schmerber v. California, U.S. Sup. Ct. 1966.) If a particular test is invasive, an arrestee can legally demand that a qualified medical professional conduct it. Arrestees can also request (though they cannot legally insist) that their attorneys be present during testing activities. Indigents without an attorney can ask that the court appoint an attorney before testing is done. An attorney can monitor the testing to make sure it's carried out properly, and may be able to halt an unusual test that seems demeaning, brutal or unreliable.

Bailed-Out Defendants May Be Forced to Appear in Lineups

Judges may require participation in a lineup as a condition of granting bail or release on one's own recognizance. However, the reality is that bailed-out defendants are less likely to go through a lineup than incarcerated ones. Many overworked police officers don't have time to go to the extra trouble of making lineup arrangements with bailed-out suspects.

13. What will Happen If I Refuse to Participate in a Lineup After Being Asked to Do So by the Police?

If the police insist that an incarcerated suspect participate in a lineup and the suspect refuses to cooperate, the uncooperative behavior can be used as evidence against the suspect (as evidence of a guilty mind) if the case proceeds to trial.

If a suspect who has been released on bail or O.R. is asked to voluntarily submit to a lineup, evidence of the refusal may still be admitted at trial. But this evidence is not likely to be as damaging if there was no requirement that the defendant participate in the first place. As a practical matter, if a suspect refuses to participate, it might have the effect of making the police think the person has something to hide and therefore make them investigate the person more aggressively. However, it is nonetheless usually wise for most suspects to refuse to participate in a voluntary lineup.

14. If I am in a Lineup, will I be Able to See the People Viewing Me?

No. Often a barrier (sometimes a one-way mirror) separates those in the lineup from those viewing it. Police also sometimes may shine bright lights on those in the lineup so they cannot see the viewers.

回答1或者翻译2－3，均给分，答案回复可见。

1、拒绝参加列队指认程序会有什么后果？
2、The police can also compel arrestees to be photographed and to provide fingerprints, blood, hair, skin, voice, handwriting or other physical samples.
3、However, it is nonetheless usually wise for most suspects to refuse to participate in a voluntary lineup..

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以下为回复可见内容

1、无标准答案。
2、警察也会强迫被逮捕者拍照、提供指纹、血液、头发、皮肤、声音、笔迹或者其它身体样本。
3、不过，虽然如此，对大多数犯罪嫌疑人来说，拒绝可以志愿参与的列队指认程序是明智的。

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Section II: Lineups

This section is about lineups—what they are, how they are conducted and what a suspect can do to help prevent unfairness.

9. How Do Lineups Work?

Lineups are one method police use to test whether witnesses or victims can reliably identify a suspect as the perpetrator of a crime. Lineups usually take place at police stations or jails. The police typically display a group of five to six people, and ask a witness or victim if they recognize anybody in the group as the person they saw commit the crime or saw at the crime scene. Normally, one person in the lineup is the actual suspect. The rest are decoys—other prisoners or even police officers.

The details of how lineups are conducted differ from place to place. Witnesses may come into a viewing room one at a time to look at the lineup participants, or the police may invite a group of two or more witnesses to view the lineup participants together. After a witness has a chance to view the lineup participants, the police will ask if the witness recognizes any of them, and if so, which one. If more than one witness is viewing the lineup, the police may have witnesses write on a card or questionnaire if they recognize anyone so that witnesses will not hear and be influenced by other witnesses. If there is an indication that such influence occurred anyway, the identification may either be suppressed upon motion by the defendant (see Section V) or attacked as unreliable if it is offered in court as evidence against the defendant.

10. In Addition to Witnesses and Those in the Lineup, Who Else May Be Present?

Police officers and possibly the prosecutor and defense attorney all may attend a lineup. Defense lawyers may also bring a private investigator, paralegal, law clerk or other employee in to observe so that person may later be able to testify about any unfair aspects of the proceedings.

11. Can I be Required to Participate in a Lineup?

The police may force an arrested suspect to participate in a lineup. This may come as a surprise to people familiar with the Fifth Amendment protection against self-incrimination. (See Chapter 1.) However, the U.S. Supreme Court considers lineups to be ''non-testimonial," (meaning the defendant is not technically being forced to provide testimony that can be used at trial) and therefore not barred by the Fifth Amendment. (United States v. Wade, U.S. Sup. Ct. 1967.)

The police cannot compel a non-arrested suspect to participate in a lineup unless a court has ordered it. However, police officers can and do ask nonarrested suspects to voluntarily take part in lineups.

Sometimes police suggest that a lineup "can clear you once and for all."

Coping With Media Attention

Media hounding of criminal suspects has sadly become commonplace. A defendant may have to submit to a lineup and other identification procedures when requested by law enforcement officials, but the defendant does not have to cooperate with the media, private investigators or other snoops. In newsworthy cases, reporters may try to photograph or question a suspect, or even request physical (hair, nails) samples. Suspects should refuse all such requests, saying, "Please speak to my lawyer" or "Do not take any photos without my lawyer's permission." If a reporter snaps a picture anyway, the defendant should face forward as calmly as possible, as photos of people ducking and hiding tend to make them look guilty.

回答1或者翻译2－3，均给分，答案回复可见。

1、哪些人可以参加列队指认程序？
2、Lineups are one method police use to test whether witnesses or victims can reliably identify a suspect as the perpetrator of a crime.
3、If a reporter snaps a picture anyway, the defendant should face forward as calmly as possible, as photos of people ducking and hiding tend to make them look guilty.

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以下为回复可见内容

1、无标准答案。
2、列队指认是警察用来判断证人或者受害者是否能够可靠地识别嫌疑人为该案罪犯的方法之一。
3、如果记者不管不顾偷拍了一张照片，被告应该尽可能冷静地面对，因为躲避和隐藏容易让他们看起来有罪。

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2006年11月笔译考试题目(三)

2006年11月二笔考试实务: English to Chinese Compulsory Translation　 This week and next, governments, international agencies and nongovernmental organizations are gathering in Mexico City at the World Water Forum to discuss the legacy of global Mulhollandism in water - and to chart a new course. They could hardly have chosen a better location. Water is being pumped out of the aquifer on which Mexico City stands at twice the rate of replenishment. The result: the city is subsiding at the rate of about half a meter every decade. You can see the consequences in the cracked cathedrals, the tilting Palace of Arts and the broken water and sewerage pipes. Every region of the world has its own variant of the water crisis story. The mining of groundwaters for irrigation has lowered the water table in parts of India and Pakistan by 30 meters in the past three decades. As water goes down, the cost of pumping goes up, undermining the livelihoods of poor farmers. 　 What is driving the global water crisis? Physical availability is part of the problem. Unlike oil or coal, water is an infinitely renewable resource, but it is available in a finite quantity. With water use increasing at twice the rate of population growth, the amount available per person is shrinking - especially in some of the poorest countries. 　 Challenging as physical scarcity may be in some countries, the real problems in water go deeper. The 20th-century model for water management was based on a simple idea: that water is an infinitely available free resource to be exploited, dammed or diverted without reference to scarcity or sustainability. Across the world, water-based ecological systems - rivers, lakes and watersheds - have been taken beyond the frontiers of ecological sustainability by policy makers who have turned a blind eye to the consequences of over- exploitation. We need a new model of water management for the 21st century. What does that mean? For starters, we have to stop using water like there"s no tomorrow - and that means using it more efficiently at levels that do not destroy our environment. The buzz- phrase at the Mexico Water forum is "integrated water resource management." What it means is that governments need to manage the private demand of different users and manage this precious resource in the public interest.

2006年11月笔译考试题目(二)

二级笔译实务Topic 1 John Kenneth Galbraith, the iconoclastic economist, teacher and diplomat, died Saturday at a hospital in Cambridge, MassachusettsHe was 97. Mr. Galbraith was one of the most widely read authors in the history of economics; among his 33 books was "The Affluent Society" (1958), one of those rare works that forces a nation to re-examine its values. He wrote fluidly, even on complex topics, and many of his compelling phrases — among them "the affluent society," "conventional wisdom" and "countervailing power" — became part of the language. An imposing presence, lanky and angular at 6 feet 8 inches tall, Mr. Galbraith was consulted frequently by national leaders, and he gave advice freely, though it may have been ignored as often as it was taken. Mr. Galbraith clearly preferred taking issue with the conventional wisdom he distrusted. Mr. Galbraith, a revered lecturer for generations of Harvard students, nonetheless always commanded attention. From the 1930"s to the 1990"s Mr. Galbraith helped define the terms of the national political debate, influencing both the direction of the Democratic Party and the thinking of its leaders. He tutored Adlai E. Stevenson, the Democratic nominee for president in 1952 and 1956, on Keynesian economics. He advised President John F. Kennedy (often over lobster stew at the Locke-Ober restaurant in their beloved Boston) and served as his ambassador to India. Though he eventually broke with President Lyndon B. Johnson over the war in Vietnam, he helped conceive of Mr. Johnson"s Great Society program and wrote a major presidential address that outlined its purposes. In 1968, pursuing his opposition to the war, he helped Senator Eugene J. McCarthy seek the Democratic nomination for president. In the course of his long career, he undertook a number of government assignments, including the organization of price controls in World War II and speechwriting for Presidents Franklin D. Roosevelt, Kennedy and Johnson. He drew on his experiences in government to write three satirical novels. He took on the Harvard economics department with "A Tenured Professor," ridiculing, among others, a certain outspoken character who bore no small resemblance to himself. At his death, Mr. Galbraith was the emeritus professor of economics at Harvard, where he had taught for most of his career. A popular lecturer, he treated economics as an aspect of society and culture rather than as an arcane discipline of numbers.

8. I Imagine Witnesses are Likely to be Believed if they Testify About Iding Me on Three Separate Occasions?

That is certainly what the prosecution hopes will be the effect of such testimony. If the defense has reasonable grounds to argue that an identification should be excluded, the

defense will do so. (See Section V.) The judge may decide to exclude one or more of the identifications but allow the others, or allow them all.

Even if witnesses are allowed to testify about an ID, however, there are several methods that the defense may use to discredit them.

1. The defense may question whether the witness was able to clearly observe the perpetrator in the first place, during the alleged crime. For instance, the defense may suggest a witness lacked the ability to accurately observe because:

· the witness had impaired vision

· it was dark

· the witness was too far away

· the witness is very young or very old, or

· the witness was particularly frightened.

Or, if there is evidence to warrant such an attack, the lawyer may suggest the witness is lying. (More on impeaching (discrediting) witnesses in Chapter 17.) The lawyer may also discredit the witness by introducing evidence that another witness identified a different suspect.

2. The defense may attack the fairness or reliability of the earlier police identification procedures. Even if the judge refuses to exclude an earlier identification, the defense can ask the witness questions about the ID in order to cast doubt on its reliability or fairness. For instance, assume that the witness initially tells the police that the perpetrator was an abnormally short adult, probably under five feet tall. The police then proceed to put the defendant—who is also very short—in a lineup with other males all of whom are well over five feet tall. If the witness identified the defendant as the perpetrator during the lineup, the defense could point out the suggestiveness of the lineup and cast doubt on the ID. Similarly, the defense can bring out that the witness hesitated in identifying the defendant, or first misidentified another person.

3. The defense can discredit a witness's in-court ID, noting, for example, how easy it was for the witness to select the defendant, especially if the defendant is seated at counsel table. It is obviously so suggestive for a witness to identify a defendant who is the only person other than the defense lawyer sitting in front of the witness at counsel table that in pretrial hearings, judges sometimes allow defendants who are not in custody to sit in the audience section when their lawyer asks if the witness sees the defendant in court. But during trial or with in-custody defendants, the judge probably won't allow the defendant to sit in the audience, so the defense lawyer can argue that the judge or jury should not give much weight to such a suggestive identification procedure.

Case Example: Victoria Queen has just testified on behalf of the prosecution during the preliminary hearing that Shauna Prince stole her pocketbook. Victoria testified, among other things, that she had identified Shauna during a police lineup as the person who robbed her.

Question: What can the defense lawyer do now to help Shauna?

Answer: Cross-examine Victoria, and try to point out problems with both her original identification and with the lineup.

Here is a sample cross-examination intended to cast doubt on the testimony of a witness who identified a person in a lineup.

Defense Lawyer (L): "Good morning, Ms. Queen, I just have a few questions for you. Is that okay?"

Victoria (V): "Yes."

L: "You just told us that you went down to the police station on May 27 and identified my client, Shauna Prince, as the person who stole your pocketbook on May 24, isn't that correct?"

V: "Yes."

L: "You also told us that Ms. Prince bumped into your side, that she was coming from behind you and that she ran off as soon as she grabbed your purse, isn't that correct?"

V: "Yes, but I got a look at her as she pulled the bag off my shoulder."

L: "Yes, and I imagine you were frightened, having just been bumped into?"

V: "Oh, yes."

L: "And I imagine you were startled, shaken, at having your bag tugged off your arm?"

V: "Certainly."

L: "Now, you are wearing glasses today, correct?

V: "Yes."

L: "And you were wearing your glasses on the day your purse was taken?"

V: "Yes."

L: "But you didn't have your glasses on the day you went to the police station and positively identified Ms. Prince as the person who stole your purse, did you?"

V: "No. I . . . hadn't gotten a new pair yet, they were in the purse she stole, I . . ."

L: "Thank you, Ms. Queen. I just have a few more questions for you about the day of the lineup. I understand that you spoke with Detective Julia for some time before the lineup, correct?"

V: "Yes, we had a cup of coffee together."

L: "I see. And didn't Detective Julia tell you that they believed they had found the suspect, and arrested her the night before?

V: "Yes."

L: "And did the detective tell you the suspect they arrested would be in the lineup?"

V: "Yes."

L: "Now, did Detective Julia accompany you into the lineup room?

V: "Yes."

L: "Did he sit next to you throughout the whole lineup process?"

V: "Yes. He tried to make me feel comfortable, not quite as scared as I was."

L: "Yes, and he spoke to you throughout the lineup to reassure and comfort you, right?"

V: "Yes, he often leaned to whisper things to me."

L: "And what did he say to you when you pointed out Ms. Prince as the person who you thought took your purse?"

V: "He thanked me very much, told me I'd done a great job, and he walked me to my car."

L: "He didn't ask you if you were sure that Ms. Prince was the person who had taken your purse, did he?"

V: "No."

L: "Thank you, Ms. Queen, no further questions."

Because Victoria's responses show that she is not a very credible witness, the prosecutor might consider dropping or seriously reducing the charges—at least the robbery charge.

回答1或者翻译2－3，均给分，答案回复可见。

1、为什么说奎恩太太的话不可信？
2、Cross-examine Victoria, and try to point out problems with both her original identification and with the lineup. .
3、 Because Victoria's responses show that she is not a very credible witness, the prosecutor might consider dropping or seriously reducing the charges—at least the robbery charge.

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以下为回复可见内容

1、无标准答案
2、盘诘维多利亚，设法指出她原来的认定和列队指认存在问题。
3、因为维多利亚的回答表明她做证人不可信。检察官可能会考虑放弃指控或者大大降低指控的严重程度－至少抢劫指控。

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法律英语导读节目单

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Chapter 4—
Police Procedures to Help Eyewitnesses Identify Suspects

Police often need to determine fairly quickly which suspects to release (those who appear to be innocent) and which to detain (those who appear to be guilty). Police often make this assessment based in part on whether victims or witnesses can identify a suspect as the perpetrator of a crime. Prosecutors use these identifications as well to support a case, both in plea bargaining and as evidence in court.

Section I: An Overview of Eyewitness Identification Procedures

This section offers an overview of the various identification procedures used by the police, and how these procedures are then used to help prosecute suspects. The most common identification procedures are lineups, showups, photo IDs and in-court IDs.

1. What is a Lineup?

In a lineup, a witness views a group of people to determine whether the witness sees the perpetrator among those in the group. When a witness picks the suspect out of the group, the witness is said to have made a positive ID. When a witness picks someone else in the lineup, the witness fails to identify the accused. This is sometimes called a "No-ID" or a "Mis-ID." (Lineups are discussed in detail in Section II.)

2. What is a Showup?

A showup is a one-on-one identification procedure. The witness is shown one person and asked if that person is the perpetrator. (Showups are discussed in detail in Section III.)

3. What is a Photo Identification?

A photo ID is like a lineup of photos; the witness is shown a group of photos and asked whether any are of the perpetrator. (Photo IDs are discussed in detail in Section IV.)

4. Can the Police Use More than One Identification Procedure in a Case?

Yes.

5. Can a Witness Also Identify Me in Court Regardless of What Happened in an Earlier ID Procedure?

Yes. Evidence that a witness identified a suspect as the perpetrator is generally admissible evidence whether the ID is made in or out of court. (More on rules of evidence in Chapter 18.) No matter what happens at a pretrial lineup, showup or photo ID—whether the defendant is positively ID'd or not—and even if no prior identification procedure has been conducted, an eyewitness to a crime will almost always be given the opportunity to identify the defendant at a later court proceeding, including the trial itself. This is true even if the judge decides that an earlier identification was so unfair that it should not be admissible in evidence. (How the procedures can be unfair is discussed below in the sections on lineups, showups and photo IDs. Unfair aspects of court-IDs are discussed in the next questions. The method for requesting that a judge exclude evidence of an identification, called a Motion to Suppress, is discussed in Section V of this chapter, and also in Chapter 19.)

6. If a Witness ID'd Me--Or Even Saw Me But Failed to ID Me--In an Earlier Identification Procedure, Won't He Or She Recognize Me in Court From that ID Procedure Even if I'm not the One Who Committed the Crime?

There is a great risk of this, and in such a situation the defense likely would argue that an in-court ID should be prevented precisely because of the risk that the earlier ID irretrievably shaped and prejudiced the witness's perception. As much sense as this argument may make, courts are rarely persuaded by it and usually allow witnesses an opportunity to make an in-court ID. It is then left to the defense to argue to the jury that the in-court ID was inherently unfair.

7. Assuming a Witness Saw Me in the Lineup, and Then in Court, What is the Witness's Testimony Likely to be at Trial?

If a case goes to trial, a witness who made an ID in a lineup or other procedure will usually testify first about the initial identification—at the scene of the alleged crime. Then the witness will testify about the second identification in the lineup (or other procedure). Finally, the witness will identify the defendant as the person sitting in court, saying that the person in court is the same person the witness earlier identified.

Sometimes the order of ID is reversed, with the witness first identifying the defendant sitting in court as the person who committed the crime and then testifying about earlier identifications.

回答1或者翻译2－3，均给分，答案回复可见。

1、请用中文阐述指认嫌疑犯的几种方式？
2、The most common identification procedures are lineups, showups, photo IDs and in-court IDs.
3、 Yes. Evidence that a witness identified a suspect as the perpetrator is generally admissible evidence whether the ID is made in or out of court.

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以下为回复可见内容

1、无标准答案
2、最常见的识别程序是列队识别、当面识别、图象识别和当庭指认.
3、对。不管识别是否当庭进行，证人认出嫌疑犯的证据一般都可以作为控诉证据。

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法律英语导读节目单

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